An  act  to  alter 
Conf  Pam  12mo  #5 


/r»0 


<*jy\, 


AN  ACT 

To  alter  and  amend  an  Act  entitled  "An  Act  for  the  Seques- 
tration of  the  Estates,  Property  and  Effects  of  Alien  Ene- 
mies, and  for  Indemnity  of  citizens  of  the  Confeder- 
ate States,  and  persons  aiding  the  same  in  the  existing 
war  with  the  United  States,"  approved  August  thirtieth, 
one  thousand  eight  hundred  and  sixty-one. 

Section  1 .  The  Congress  of  the  Confederate  States  of  America 
do  enact,  That  all  and  every  the  lands,  tenements  and  here- 
ditaments, goods  and  chattels,  rights  and  credits,  and  every 
right  and  interest  therein  embraced  by  said  Act  of  Seques- 
tration, of  which  this  Act  is  an  alteration  and  amendment, 
shall  be  collected  and  sold,  as  provided  for  in  this  Act,  and  the 
proceeds  paid  into  the  Treasury  of  the  Confederate  States ; 
but  in  no  case  shall  a  debt,  or  other  chose  in  action,  be  sold, 

Sec.  2.  Be  it  further  enacted,  That  all  money  realized  under 
this  Act,  and  the  Act  to  which  it  is  an  amendment,  shall  be 
applied  to  the  equal  indemnity  of  all  persons,  loyal  citizens 
of  the  Confederate  States,  or  persons  aiding  the  same  in  the 
present  war,  who  have  suffered,  or  may  hereafter  suffer,  loss 
or  damage  by  confiscation,  by  the  Government  of  the  United 
States,  or  by  any  State  Government,  or  pretended  Govern- 
ment, acknowledging  and  aiding  the  Government  of  the 
United  States  in  this  war,  or  by  such  acts  of  the  enemy,  or 
other  causes  incident  to  the  war,  as,  by  future  act  of  Con- 
gress, may  be  described  or  defined,  as  affording,  under  the 
circumstances,  proper  cases  for  indemnity.  And  all  money 
realized  as  aforesaid,  shall  be  paid  into  the  Treasury  of  said 
Confederate  States,  as  provided  by  the  Act  to  which  this  is 
an  amendment ;  and  the  faith  of  the  Confederate  States  is 
hereby  pledged  that  the  same  shall  be  refunded,  as  required 
for  the  purposes  aforesaid.  And  the  Secretary  of  the  Trea- 
sury shall  cause  a  separate  account  of  said  money  to  be  kept 
in  well  bound  book  *  procured  for  that  purpose. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  of 
every  person  in  actual  possession  of,  or  having  under  his 
control,  any  money,  property,  effects  or  evidences  of  debt, 
belonging  to  an  alien  enemy,  speedily  to  inform  the  Receiver, 


and  to  render  an  account  thereof,  and  at  once  to  pay  over  to 
the  Receiver  and  to  deliver  to  him  such  property  and  effects, 
and  evidences  of  debt,  and  such  payment  and  delivery  shall 
be  made  without  regard  to  whether  any  proceedings  have  or 
have  not  been  instituted  to  sequestrate  the  same.  And  any 
person  who,  after  giving  such  information,  shall  fail  so  to 
pay  over  and  deliver  on  demand,  made  by  the  Receiver,  shall 
stand  in  contempt,  and  the  Receiver  shall  at  once  move  the 
Court  or  Judge  to  proceed  against  such  party  as  in  other 
cases  of  contempt ;  and  the  Court  or  Judge  may  imprison 
the  offender  until  he  shall  fully  comply  with  the  requirements 
of  this  Act.  And  such  payment  or  delivery  shall  fully  ac- 
quit and  discharge  the  party  from  all  and  every  claim  for  or 
on  account  of  such  money,  property,  effects  and  evidences  of 
debt.  And  the  Receiver  shall  give  such  person  a  receipt, 
specifying  the  amount  of  money,  the  property,  effects  and 
evidences  of  debt  paid  and  delivered,  and  the  name  of  the 
alien  enemy  on  account  of  whom  the  same  shall  be  paid  and 
delivered.  Provided,  That  when  the  person  having  the  pos- 
session or  control  of  any  money  of  an  alien  enemy,  asserts 
a  debt  or  claim,  against  such  alien  enemy  in  his  own  favor, 
he  may  file  it  in  writing  in  the  proper  Court,  swearing  that 
he  believes  himself  justly  entitled  to  the  same,  and  there- 
upon he  shall  not  be  compelled,  in  the  first  instance,  to  pay 
over  to  the  Receiver  the  amount  thus  propounded  and  claim- 
ed by  him  ;  but  the  Court  shall  then  proceed  to  examine  and 
try  the  validity  of  the  said  debt  or  claim,  and  decree  accord- 
ing to  the  facts  found,  and  the  rights  and  justice  of  the  case. 
And  if  the  Court  decides  against  the  debt  or  claim,  the  party 
setting  up  the  same  shall  forthwith  pay  over  the  sum  so  re- 
tained by  him.  And  if  the  Court  shall  decree  in  favor  of 
the  debt  or  claim  thus  propounded,  and  it  exceeds  the  entire 
amount  originally  in  possession  of  such  debtor  or  claimant, 
he  shall  pay  no  costs ;  otherwise  he  shall  pay  all  costs  inci- 
dent to  the  proceedings. 

Sec.  4.  This  Act,  and  the  Act  to  which  it  is  an  amend- 
ment, shall  not  operate  to  avoid  any  payment,  bona  fide 
made  to  an  alien  enemy,  or  to  affect  property  of  any  kind, 
bona  fide  and  absolutely  transferred,  or  conveyed,  by  any 
alien  enemy  to  a  faithful  citizen  of  the  Confederate  States, 
prior  to  the  thirtieth  day  of  August,  one  thousand  eight 
hundred  and  sixty-one. 

Sec  5.  In  cases  of  partnership  property  and  effects,  the 
resident  partner,  .-or  partners,  shall  be  dealt  with  in  all  res- 


3 

pects  as  surviving  partners  in  cases  of  a  dissolution  of  part- 
nership by  the  death  of  one  or  more  of  the  partners,  accord- 
ing to  the  laws  of  the  place  of  the  principal  place  of  busi- 
ness of  the  partnership;  and  the  Receiver  shall  have  the 
same  remedies  against  such  resident  partners  as  the  repre- 
sentatives of  a  deceased  partner  would  be  entitled  to  in  like 
case.    , 

Sec.  6.  The  following  persons  shall  not  be  taken  to  be* 
alien  enemies  under  this  Act,  or  the  Act  to  which  this  is  ani 
amendment : 

First.  Persons  who  now  have  bona  fide  become  permanent 
residents  of  any  State  of  this  Confederacy,  and  are  actually 
residing  and  domiciled  within  the  same,  yielding  and  acknowl- 
edging allegiance  thereto,  and  who  have  not,  during  the 
present  Avar,  voluntarily  contributed  to  the  cause  of  the 
enemy. 

Second.  All  persons  born  within  any  State  of  this  Con- 
federacy, or  natives  of  a  neutral  country,  who  since  the 
breaking  out  of  the  war,  have  abandoned  their  domicils  and 
ceased  their  business  in  the  enemy's  country,  and  all  persons 
aforesaid  who  have  bona  fide  commenced,  or  attempted  to  re- 
move themselves  and  effects  from  the  enemy's  country,  and 
who  have  been,  and  still  are  prevented  from  completing  said 
removal  by  the  force  or  power  of  the  enemy,  or  who  from 
physical  infirmity  are  incapable  of  removing. 

Third.  All  subjects  or  citizens  of  neutral  countries  who 
cannot  be  shown  to  have  voluntarily  contributed  to  the  cause 
of  the  enemy,  and  all  who,  though  citizens  of  the  enemy's 
country,  have  abandoned  that  country  on  account  of  their 
opposition  to  the  war,  or  sympathy  for  the  people  of  the 
Confederate  States. 

Fourth.  All  married  women  natives  of  any  State  of  this 
Confederacy  who,  or  whose  husbands  shall  not  be  shown  to  have 
voluntarily  contributed  to  the  cause  of  the  enemy.  All  per- 
sons non  compos  mentis,  and  all  minors  whose  fathers  or 
mothers,  were,  or  are,  natives  of  this  Confederacy  and  whose 
property  and  persons  are  controlled  by  guardians  resident 
in  the  Confederate  States,  and  who  have  not  voluntarily  con- 
tributed to  the  enemy's  cause;  and  all  minors  under  the  age 
of  sixteen  years,  who  were  born  in  any  State  of  this  Con- 
federacy, or  in  any  State  exempted  from  the  operations  of 
this  Act  while  their  parents  were  domiciled  in  such  State 
and  who  have  not  taken  up  arms  against  the  Confederate- 
States. 


Fifth.  Free  persons  of  color,  who,  by  the  laws  of  any 
•State  have  been  compelled  to  remove  beyond  the  limits  thereof, 
and  are  by  law  prohibited  from  returning  to  such  State,  and 
who  have  not  in  anywise  aided  the  enemy. 

Sec.  7.  The  next  of  kin  in  the  direct  ascending  and  des- 
<  ndfrig  lines  of  any  alien  enemy,  faithful  citizens  of  any  of 
the  Confederate  States,  or  engaged  in  their  military  or  naval 
service  shall  be  entitled  to  have  decreed  them  (they  paying 
all  costs)  the  property,  effects  and  credits  of  such  alien  ene- 
my as  if  dead,  intestate,  leaving  no  other  heirs  or  distribu- 
j  chargeable,  however,  in  their  hands,  as  in  case  of 
administration  or  heirship,  with  the  debts  of  such  alien 
enemies  due  to  faithful  citizens  of  any  Confederate  State. 

Sec.  8.  All  sales  of  property  under  this  Act  shall  be 
made  by  the  Receivers  at  public  auction  to  the  highest  bidder 
and  on  such  terms  and  such  notice  of  the  time  and  place  of 
sale  as  the  Court  may  prescribe,  and  shall  be  duly  reported 
to  the  Court  by  such  Receivers  at  the  term  next  after  such 
sale ;  but  no  conveyance  of  title  shall  be  made  to  the  pur- 
chaser of  the  property  until  the  confirmation  of  the  sale  by 
the  Court  and  the  payment  of  the  purchase  money  according 
to  thev terms  of  the  sale;  and  no  sale  shall  be  valid  until 
reported  to,  and  confirmed  by  the  Court ;  nor  shall  any  sale 
$be  confirmed  until  the  terms  shall  have  been  complied  with ; 
and  the  Court  may  set  aside  such  sale  for  fraud,  want  of  proper 
notice,  or  any  material  irregularity,  or  where  it  shall  appear 
that  the  Receiver  was  the  purchaser  or  interested  in  the 
purchase,  or  for  substantial  inadequacy  of  price  :  Provided, 
however,  That  sales  of  personalty  may  be  reported  to,  and 
confirmed  by  the  Judge  in  vacation. 

Sec  9.  The  Court  may,  in  its  discretion,  when  special 
circumstances  exist  which  temporarily  depress  the  value  of 
the1  property,  delay  the  order  of  sale,  or  may  direct  the  Re- 
ceiver to  examine  and  report  whether  it  would  be  expedient 
to  make  an  immediate  sale  of  such  property,  and  on  such 
report,  or  other  satisfactory  evidence,  showing  that  a  delay 
in  the  sale  would  tend  to  secure  a  fairer  price,  may  order 
such  sale  to  be  delayed,  and  in  all  such  cases  the  Court  may, 
in  the  case  of  real  estate,  or  of  a  plantation  and  slaves, 
order  the  Receiver  to  lease  the  same  on  such  terms  as  the 
Court  may  prescribe. 

Sec  10.  In  cases  where  an  alien  enemy  may  have  con- 
tracted in  writing,  before  the  twenty-first  day  of  May,  eigh- 
teen hundred  and  sixty-one,  to  sell  real  estate  to  a  citizen, 


< 


or  citizens,  of  this  Confederacy,  and  to  make  title  upon  pay- 
ment of  the  purchase  money,  the  Court,  in  decreeing 
sequestration  of  the  said  purchase  money,  or  the  residue 
thereof  unpaid,  shall  farther  decree  that  the  receiver  of  the 
district,  in  which  said  real  estate  is  situate,  shall,  upon 
payment  of  said  purchase  money,  or  the  residue  thereof,  as 
aforesaid,  make  title  for  such  real  estate  to  the  purchaser  or 
his  assignee. 

Sec.  11.  The  Court  shall  audit  and  pass  on  the  accounts 
of  the  receiver  as  provided  in  this  Act,  and  the  one  to  which 
this  is  an  amendment :  but  in  lieu  of  the  compensation  and 
allowances  therein  provided  for,  shall  allow  such  compensa- 
tion as  shall  to  it  seem  reasonable  and  just,  following,  in  this 
respect,  so  far  as  may  be  applicable,  the  analogies  furnished 
by  the  laws  of  the  State  in  which  the  Court  is  held,  concern- 
ing compensation  to  executors,  administrators  and  trustees; 
and  the  Court  shall  further  allow  to  the  receiver  all  proper 
expenses  attending  the  execution  of  his  office.  And  all  fees 
and  allowances  passed  by  the  Court  in  favor  of  any  receiver 
may  be  retained  by  him  from  any  money  in  his  hands;  and 
all  fees  and  allowances  to  any  receiver  beyond  the  rate  of 
five  thousand  dollars  per  annum,  except  for  expenses  as 
aforesaid,  shall  be  forthwith  pafd  by  him  into  the  Confede- 
rate Treasury,  to  the  use  of  the  Confederate  States,  and 
shall  be  brought  into,  and  stated  and  accounted  for,  in  his 
next  account  of  settlement  as  Receiver. 

Sec  1 2.  The  Court  shall  appoint  an  attorney  for  each 
section  in  which  the  Court  shall  be  holden,  and  in  which  no 
attorney  of  the  Confederate  States  resides,  whose  duties  it 
shall  he  to  discharge,  within  said  section,  the  duties  imposed 
on  the  attorney  of  the  district  by  the  Act  to  which  this  is 
amendatory  ;  and  the  compensation  of  such  attorney  so  ap- 
pointed shall  be  the  same  for  business  by  him  done  as  is  now 
provided  by  ninth  section  of  said  Act  for  the  district  attor- 
ney. 

Sec.  13.  The  Receiver  shall,  in  all  cases,  take  the  posses- 
sion and  control  of  the  money,  property  and  effects  of  alien 
enemies,  and  of  such  choses  in  action  as  shall  be  in  the 
hands  of  any  agent  or  third  person,  except  when  otherwise 
provided  by  this  Act,  and,  on  being  refused  possession,  shall 
sue  for  the  same,  and  such  possession  shall  not  be  withheld 
on  any  pretext  of  any  provisions  of  the  Act  to  which  this 
is  amendatory.  The  Court  may  order  a  delay  in  the  sale  of 
property  when  it  shall  be  necessary  to  complete  or  gather  a 


6 

growing  crop,  or  when  it  shall  be  otherwise  manifestly  to 
the  benefit  of  the  Confederate  States  to  delay  the  sale ;  but 
in  all  such  cases  the  possession,  control  and  management 
shall  be  with  the  Receiver,  or  under  his  control  and  author- 
ity. And  in  the  collection  of  debts  or  choses  in  action,  no 
State  stay  law  shall  govern,  but  the  same  shall  be  governed 
by  this  Act,  and  the  one  to  which  this  is  an  amendment,  so 
far  as  the  latter  does  not  conflict  with  this  Act. 

Sec  14.  It  shall  be  the  duty  of  all  persons  owing  debts 
to  alien  enemies,  within  three  months  from  the  passage  of 
this  Act,  to  give  information  thereof  to  the  Receiver  of  the 
district  in  which  he  or  they  reside,  and  in  case  of  corpora- 
tions or  joint  stock  companies,  to  the  Receiver  of  the  dis- 
trict in  which  the  principal  office  of  business  of  such  cor- 
poration or  company  may  be  ;  and  such  information  shall  be 
in  writing  and  sworn  to  by  the  debtor,  and  in  case  of  cor- 
porations or  joint  stock  companies,  by  the  principal  officer 
of  such  corporation  or  company,  before  any  Judge  of  a 
Court  of  record,  justice  of  the  peace,  notary  public,  com- 
missioner of  the  Court  or  Receiver  under  the  Act  to  which 
this  is  an  amendment,  and  shall  set  forth  the  name  or  names 
of  the  creditor  or  owner  of  such  debt,  the  amount  he  owes 
or  owed  on  the  thirtieth  day  of  August,  eighteen  hundred 
and  sixty  one,  und  whether  the  same  is,  or  has  been,  secured 
by  mortgage  or  otherwise  ;  and  the  information  or  confession 
so  made  shall  be  filed  by  the  Receiver  in  the  proper  Court  of 
the  Confederate  States,  and  such  Court  shall,  on  such  infor- 
mation, proceed  to  decree  sequestration  and  payment  of  the 
debt  or  debts  so  confessed ;  and  in  case  any  debtor  shall,  in 
good  faith,  confess  his  indebtedness  as  aforesaid,  but  shall  be 
unable  to  state  the  true  amount  of  his  indebtedness,  or  shall 
be  in  doubt  whether  the  creditor  or  owner  of  the  debt  is  an 
alien  enemy,  the  Court  shall  proceed  to  ascertain  the  char- 
acter of  the  creditor  or  owner,  and  the  true  amount  of  such 
indebtedness,  and  to  that  end  shall  direct  such  proceedings 
as  shall  be  adapted  to  the  nature  of  the  case,  and  decree  ac- 
cording to  the  facts  found.  And  in  all  proceedings  against 
persons  for  debts  due  by  them  to  alien  enemies,  the  debtor 
shall  be  allowed  to  make  any  defence,  in  law  or  equity, 
which  he  might  or  could  have  made  in  a  suit  brought  against 
him  by  the  creditor  to  whom  such  debt  was  due  :  Provided, 
however,  That  no  execution  shall  issue  on  such  decree,  except 
for  the  interest  which  shall  accrue  on  the  same  at  the  end  of 
each  year,  until  twelve  months  after  peace  shall  be  declared 


between  the  Confederate  States  and  the  United  States,  or 
until  otherwise  directed  by  law :  And  provided,  moreover, 
That  execution  may  issue  for  the  costs  of  the  proceeding, 
and  the  sum  so  collected  for  costs  shall  be  deducted  from  the 
principal  sum  due. 

Sec.  15.  The  Receivers  appointed  under  this  Act,  or  the 
Act  to  which  this  is  an  amendment,  shall  proceed  diligently 
to  ascertain  and  collect  the  debts  due  to  alien  enemies  by 
persons  residing  in  the  districts  for  which  they  are  severally 
appointed,  and  shall,  on  the  discovery  of  any  such  debts, 
and  after  the  expiration  of  three  months  from  the  passage  of 
this  Act,  and  the  debtor  shall  have  failed  to  give  information 
of  such  debt,  proceed  to  institute  proceedings  to  sequestrate 
the  same,  and  in  such  proceeding,  which  shall  be  by  petition, 
as  prescribed  by  said  Act,  to  which  this  is  an  amendment, 
and  shall  be  to  sequestrate  the  debt,  as  well  as  to  ascertain 
the  sum  due  by  the  debtor,  such  debtor  shall  be  made  defen- 
dant or  respondent,  as  the  case  may  be,  and  the  process  to 
bring  such  debtor  before  the  Court,  or  to  compel  an  answer, 
shall  be  in  the  nature  of  the  writ  of  garnishment  as  pres- 
cribed in  said  Act,  which  shall  be  served  on  such  debtor ; 
and  in  case  of  corporations  and  joint  stock  companies,  en 
some  member  or  officer  of  such  corporation  or  company ; 
and  shall  require  the  defendant  to  answer  on  oath  whether 
he  is  indebted  to  any  alien  enemy,  or  was  so  indebted  on  the 
thirtieth  day  of  August,  eighteen  hundred  and  sixty-one,  in 
what  sum,  and  whether  he  knows  of  any  other  person  or 
persons  so  indebted,  and,  on  the  disclosure  by  the  defendant 
of  such  indebtedness  by  other  persons,  like  proceedings  shall 
be  had  as  in  the  original*  cause ;  and  in  case  the  defendant 
shall  suggest  in  his  answer  that  the  debt  due  by  him  or  her 
is  claimed  or  owned  by  any  person  not  an  alien  enemy,  set- 
ting forth  the  name  of  such  claimant,  his  place  of  abode, 
citation  shall  issue  to  such  claimant  to  appear  and  propound 
his  claim  on  oath  at  the  succeeding  term  of  the  Court ;  and 
in  case  he  is  absent  from  the  district  in  which  the  Court  is 
held,  or  cannot  be  found,  publication  shall  be  made  for  the 
space  of  one  month  in  some  newspaper  best  calculated  to 
apprise  such  claimant  to  appear  and  propound  his  claim ; 
and  if  such  claimant  shall  fail  to  appear,  his  claim  shall  be 
barred.  On  the  appearance  of  the  claimant,  the  Court  shall 
direct  an  issue  to  try  the  same,  and  shall  award  the  costs 
against  the  claimant  if  the  claim  be  unfounded :  Provided, 
That  the  entire  answer  shall  be  considered  by  the  Court. 


8 

Sec.  16.  All  proceedings  now  pending  under  the  Act  to 
which  this  Act  is  an  amendment,  shall  be  made  to  conform 
to  the  proceedings  directed  in  this  Act,  so  far  as  practica- 
ble, and  the  judgments  rendered  therein  shall  be  given  in 
all  respects,  and  have  the  same  operation  and  effect  as  judg- 
ments rendered  under  the  fourteenth  section  of  this  Act. 

Sec.  17.  In  all  proceedings  against  debtors  who  fail  or 
refuse  to  give  information  of  their  indebtedness  within  the 
time  prescribed  in  this  Act,  and  the  debtor  shall  be  brought 
before  the  Court  by  process,  the  costs  of  the  proceeding  shall 
be  adjudged  against  such  debtor,  in  case  he  is  found  to  be 
indebted  to  any  alien  enemy  ;  and  if  it  shall  appear  to  the 
Court,  on  the  trial  of  any  cause  against  such  recusant  debt- 
or, that  he  has  wrongly  and  wilfully  refused  or  failed  to  give 
information  of  his  indebtedness,  or  to  state  the  true  amount 
thereof,  with  intent  to  hinder,  evade  or  delay  the  execution 
of  this  Act,  or  the  Act  to  which  this  is  an  amendment,  or 
the  jury,  in  any  cause  or  issue  tried  by  them,  shall  certify 
that  such  debtor  has  wilfully  failed  or  refused  to  give  infor- 
mation of  his  indebtedness,  or  the  true  amount  thereof,  with 
the  intent  aforesaid,  the  Court  shall  award  execution  against 
such  debtor  on  the  decree  or  judgment  for  the  whole  amount 
of  the  debt  and  the  interest  due  thereon,  together  with  the 
costs  ;  in  all  other  cases,  however,  execution  shall  be  stayed 
until  the  peace  aforesaid,  except  for  interest  which  shall 
accrue 

Sec.  18.  Incases  where  proceedings  shall  be  instituted  to 
sequestrate  judgments  or  decrees  already  rendered,  or  of 
claims  or  debts  upon  which  actions  or  suits  may  be  pending, 
the  Court  may,  after  the  decree  of  sequestration,  allow  the 
Receiver  to  prosecute  such  suit,  action,  decree  or  judgment, 
in  the  name  of  the  Confederate  States  of  America;  and  in 
cases  of  suits  or  actions  pending,  or  decrees  or  judgments 
rendered  in  the  State  Courts,  where,  by  the  laws  of  such 
State,  it  may  be  admissible,  such  Receiver  may  introduce 
the  Confederate  States  of  America  in  the  proceedings  as  a 
party  to  prosecute  such  suit  or  action,  or  enforce  such  de- 
cree or  judgment;  but  in  such  cases  execution  shall  issue 
for  costs  and  interest  only  until  further  provided  by  law,  or 
twelve  months  after  the  conclusion  of  peace  as  aforesaid. 

Sec.  19.  Attorneys,  agents  or  trustees  of  any  alien  enemy 
having  claims  for  fees  or  commission  on  the  fund  or  assets 
in  their  hands,  shall,  on  delivery  of  such  fund  or  assets  to 
the   Receiver,  make   out   their  accounts  for  such  claims  or 


commissions,  and  the  Court  shall  consider  and  allow  the 
same,  if  ju3t  and  reasonable,  to  be  paid  out  of  such  funds  or 
assets  ;  and  where  counsel  arc  already  engaged  in  prosecu- 
ting such  pending  suits  or  actions,  the  Receiver  shall  be 
authorized  to  allow  them  to  continue  to  prosecute  such  suits 
or  actions  for  the  Confederate  States  of  America. 

Sec.  20.  The  rate  of  interest  to  be  paid  by  debtors  shall 
be  regulated  by  the  contract,  if  by  the  terms  thereof  the 
rate  of  interest  shall  be  fixed,  and  if  no  interest  shall  be 
fixed  by  the  contract,  then  the  rate  shall  be  according  to 
the  law  of  the  place  where  the  debt  is  to  be  paid  or  the 
contract  performed;  and  the  judgment  or  decree  shall  bear 
the  same  rate  of  interest  fixed  by  law  or  the  contract,  and 
the  same  shall  be  punctually  paid  at  the  end  of  each  year, 
or  execution  shall  issue  for  the  same. 

Sec  21.  In  no  case  shall  the  judgment  or  decree  be 
a  lien  on  the  property  of  the  debtor ;  but  where  the  Court 
shall  award  execution  under  this  Act,  the  property  of  the 
debtor  shall  be  bound,  from  the  delivery  of  the  writ. 

Sec  22.  The  Court,  or  Judge  in  vacation,  shall  have  power 
to  award  execution  on  any  judgment  or  decree,  in  addition  to 
the  cases  of  recusant  debtors,  where  the  Receiver  shall  make 
oath  that  the  debtor  is  fraudulently  concealing  or  disposing  of 
his  effects,  with  intent  to  evade  the  judgment,  or  is  about  to 
remove  his  effects  beyond  the  jurisdiction  of  the  Court,  but 
such  execution  shall  be  discharged  on  the  defendant's  giving 
security  to  the  satisfaction  of  the  Court,  for  the  performance 
or  payment  of  the  decree. 

Sec  23.  In  proceedings  under  this  Act,  and  the  Act  of 
which  it  is  amendatory,  upon  affidavit  being  made  by  the 
Attorney  representing  the  Confederate  States,  or  the  proper 
Receiver,  that  the  name  of  an  alien  enemy  is  wholly  or  partly 
unknown  to  him,  or  that  the  names  of  the  members  of  a 
partnership  of  alien  enemies  are  unknown  to  him,  the  pro- 
cess and  proceedings  may  be  against  such  partnership  by 
the  firm  name  thereof,  stated  in  such  affidavit,  or  against 
such  alien  enemy,  whose  name  is  wholly  or  partly  unknown, 
by  such  name  or  proper  description  as  may  be  known  and 
set  forth  in  such  affidavit :  Provided,  That  the  Court  may,  at 
any  time,  on  motion,  cause  the  full  and  proper  name  to  be 
inserted  in  the  record,  and  used  in  the  proceedings  when  the 
same  become  known  to  the  Court. 

Sec   24.    Receivers   shall  have   authority  to  administer 


^  10 

oaths  touching  any  matter  incident  to  proceedings  under 
this  Act. 

Sec.  25.  The  sixteenth  section  of  the  Act  to  which!  this 
is  an  amendment,  is  hereby  repealed. 

Sec.  2G.  All  debts  due  to  any  alien  enemy  may  be  paid 
in  the  Eonds  and  Treasury  Notes  of  the  Confederate  States, 
and  the  same  shall  be  received  in  payment  for  all  property 
sold  under  this  Act. 

Sec.  27.  The  fees  of  all  Clerks  and  Marshals  shall  be  the 
same  for  services  under  this  Act  and  the  Act  to  which  this 
is  an  amendment,  as  are  allowed  for  similar  services  in  the 
Courts  of  the  Confederate  States,  and  shall  be  a  charge  upon 
the  general  fund  derived  from  confiscations,  and  shall  be 
paid  on  the  order  of  the  Court. 

Sec  28.  The  Commissioners  authorized  by  the  fourteenth 
section  of  the  Act  to  which  this  is  an  amendment,  shall  ap- 
point a  Clerk  with  a  salary  of  fifteen  hundred  dollars,  to  be 
paid  out  of  the  Treasury  of  the  Confederate  States ;  but  such 
salary,  as  well  as  the  salary  of  said  Commissioners,  shall  be 
charged  to  the  confiscation  fund  and  be  deducted  therefrom ; 
and  said  Commissioners  shall  moreover  have  power  to  ap- 
point Commissioners  to  take  the  examination  of  witnesses 
touching  the  claims  which  may  be  propounded  before  them, 
or  may  summon  witnesses  before  them  to  be  examined  oral- 
ly ;  said  Commissioners,  and  the  Commissioners  appointed 
by  them  to  examine  witnesses  as  aforesaid,  shall  have  power 
to  administer  oaths  to  the  witnesses  and  to  issue  subpoenas, 
and  witnesses  failing  to  appear  shall  be  subject  to  like  penal- 
ties and  process  as  may  be  prescribed  in  the  Courts  of  the 
Confederate  States  against  defaulting  witnesses :  Provided, 
however,  That  the  costs  of  all  proceedings  to  take  testimony 
shall  be  paid  by  the  claimant,  except  in  cases  where  the  At- 
torney General  shall  apply  for  leave  to  take  testimony,  and 
the  fees  of  witnesses  and  Commissioners  shall  be  the  same 
as  are  allowed  in  the  Courts  of  the  Confederate  States  in 
like  cases. 

Sec  29.  So  much  of  the  Act  to  which  this  is  an  amend- 
ment as  requires  the  Receivers  to  settle  separately  the  es- 
tate of  each  alien  enemy,  is  repealed,  and  hereafter  each  set- 
tlement shall  embrace  all  the  matters  ready  for  settlement ; 
but  the  items  of  the  account  shall  be  so  specific  as  to  show 
the  sources  from  which  each  is  derived. 

Sec  30.  Where  any  judgment  has  been  entered  up  in  any 
of  the  Courts  of  the  Confederate  States   under  the  Act  to 


11 

which  this  is  an  amendment,  inconsistent  with  the  provisions 
and  spirit  of  this  Act,  the  same,  on  motion,  shall  be  set  aside 
or  amended  in  accordance  with  the  terms  and  provisions  of 
this  Act, 

Sec.  31.  The  provisions  of  the  Act  to  which  this  Act  is  an 
amendment,  so  far  as  the  same  may  conflict  with  this  Act, 
are  hereby  repealed. 


Hollinger  Corp. 
pH8.5 


